Posted on 06/18/2008 7:22:37 PM PDT by RedRover
CAMP PENDELTON ---- The Marine Corps is appealing a judge's ruling dismissing dereliction of duty charges against a battalion commander accused of failing to investigate the 2005 shooting deaths of 24 Iraqi civilians.
On Tuesday, Col. Steven Folsom, presiding as the military judge over the case against Lt. Col. Jeffrey Chessani, ordered the charges dismissed after finding that a general was improperly influenced by a legal adviser who also is a witness in the case.
The watershed ruling found that the legal adviser, Col. John Ewers, should not have sat in on meetings and discussions with two generals who have overseen the case. That degree of participation by Ewers, who also investigated the killings in the city of Haditha, Iraq, irreparably tainted the decision to charge and prosecute Chessani, Folsum ruled.
The notice of appeal delays the case indefinitely. The appeal document was signed by the lead prosecutor in the case, Lt. Col. Sean Sullivan, and sent to Chessani's attorneys late Wednesday.
Prosecutors had until Friday morning to decide if they would appeal. If they hadn't and also decided against seeking a review of the accusations against Chessani, this time by a Marine officer with no ties to the case, the ruling would have left only Staff Sgt. Frank Wuterich still facing charges.
One of those attorneys, Brian Rooney, said the appeal wasn't entirely surprising.
"In our opinion, the ruling is appeal-proof," Rooney said Wednesday during a telephone interview. "He spent a lot time saying why he ruled the way he did, citing numerous instances of case law to back up his opinion."
The appeal goes to the Navy and Marine Court of Criminal Appeals. Prosecutors have 20 days to write their arguments and provide them to the defense, which has 20 days from receipt of that document to respond.
Folsom's rationale, Rooney said, included a finding that prosecutors failed to meet the required proof beyond a reasonable doubt that command influence didn't harm Chessani.
"The court can only overturn the ruling if it's clearly erroneous, and the evidence is clear that it isn't," he said.
The appeals court is not under any time constraint to issue its finding. Whichever way it does rule can be further challenged before the Court of Appeals for the Armed Forces.
"We feel very good about our chances," Rooney said. "The unfortunate thing is that Col. Chessani has to continue to sit behind a desk for an indefinite amount of time while it's decided. I would have hoped someone would have looked at Judge Folsom's ruling and said, 'Enough is enough, let this Marine retire.'"
Gary Solis, a former Marine attorney who teaches military law at Washington's Georgetown University, said he was surprised by Folsom's ruling but understood the perception problem presented by Ewers' participation in the closed-door meetings.
"Military justice cannot afford even the perception that the government has its fingers on the scales of justice," Solis said in a written response to questions.
Chessani, 44, commanded Camp Pendleton's 3rd Battalion, 1st Marine Regiment at Haditha. The two dozen Iraqi noncombatants were shot by a squad from the regiment's Kilo Company as it searched houses for those responsible for a roadside bombing and subsequent small arms fire the morning of Nov. 19, 2005.
Eight Marines, four enlisted men and four officers, were charged with wrongdoing. One officer has since been acquitted at trial while charges have been dismissed or withdrawn for five other accused troops.
Michael Savage had this first (hat tip to dynachrome).
I think this appeal was to be expected and believe Brian Rooney is correct. It sounds like even Gary Solis agrees with him.
Idiots.
copy of the appeal. Thanks to
MrCFdovnh
http://michaelsavage.wnd.com/index.php?fa=PAGE.view&pageId=784
Story is on the Savage website HERE.
Beat me by that much!
AH Jeez!!!
Why can’t anyone just say enough already???
“going through the motions”
The gov’t has unlimited $$$.
Someone has it in for Col. Chessani and probably Sgt. Wutterich.
Gotta show something to justify all the expense.
:(
My first thought was that Murtha is leaning on the Marine brass to pursue every possible avenue to vindicate his earlier rants. The whole business has been most unpleasant, and now yet another round. My second thought is, what do I know? So I guess I’ll shut up.
Lets see now the Marine prosecutors are what 0 for 6 in the Haditha cases. They just don’t know when to quit.
Oh, for cryin’ out loud. What is up with these prosecutors? What part of “sit down” by the military judge, Col. Folsom, did Lt. Col. Sullivan not understand?
The Marine Corps as always does not like it when money is wasted and clearly it has been wasted by the proscution.
I suspect that LtCol. Chessani will still face a Court Martial, only because the only thing worse in the Corps then wasting money is losing face.
I doubt Sullivan is going away until the last dog is dead, he realizes this is reflecting very poorly on him.
“losing face.”
I think you nailed it.
Thanks for posting.
America’s finest and the finest men & women the rest of the world may never know. Hooray Col. Chessani!
Thanks to Brian Rooney and the Thomas More Law Center for their work.
Thanks to Michael Savage
I can't believe what the United States Congress is doing to OUR Country!
If a marxist like Obama is President why go to college to become a doctor, nurse, teacher, entrepreneur when the bottom line is you are going to work for the Government and the only way to succeed financially is to become a member of Congress or President of the United States!
He could have just as easily have dismissed it with prejudice and ended any chance of a Court Martial.
I was surprised he didn’t.
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